2016 QCCQ 4941, 2016 QCCQ 4941

Protection de la jeunesse — 162986 2016 QCCQ 4941 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Division No: 525-41-030773-162 DATE : April 8, 2016 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born [...], 2001 Director of Youth Protection A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT (Section 38, Y.P.A.) ______________________________________________________________________ WARNING : Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing a child or the child's parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection, (the Director), is asking the Court to declare that the security or development of the adolescent X is endangered as a result of serious behavioural disturbances as well as psychological ill treatment.

A third motive of negligence was alleged but subsequently withdrawn at the hearing. [ 2 ] Consequently, the Director is asking that the adolescent be entrusted to his father along with other corrective measures including a social follow-up for a period of four months. [ 3 ] The parents admit the state of endangerment as amended by the Director and consent to the measures proposed. [ 4 ] Through his lawyer, the adolescent recognizes the accuracy of the situation as described in the court reports filed by the Director. He consents to the measures as proposed.

The situation [ 5 ] The facts can be summarized as follows: [ 6 ] Following the parents’ separation two years earlier, the adolescent’s behaviour began to deteriorate in his mother’s home and at school.

Essentially, the evidence discloses that: - he is verbally aggressive with his mother and his siblings; - he carries pocket knives in the home and exhibits them to family members; - he has set fire to his mother’s jeans while she was wearing them; - the police have been called to the home on several occasions during the past year due to disturbances and conflicts; - at school, the adolescent is aggressive with staff and peer as well as disruptive in class; [ 7 ] The adolescent has been diagnosed with autism, oppositional defiant disorder, attention deficit hyperactivity disorder and a mild intellectual disability.

Obtaining the proper services has proven to be a challenge. At the time of the signalement , the professionals in the

school frequented by the youth were unable to provide the necessary structure or services required and his behaviour became progressively unmanageable. [ 8 ] During the course of the separation, the adolescent was also exposed to parental conflict and denigration from the father towards the mother. Although this aspect is somewhat downplayed by the father, the impact on the mother and on her relationship with her son is duly noted in the court reports filed into evidence.

The mother confirms in court that the relationship with the father at that time was volatile. [ 9 ] Following the separation, the adolescent remained with his mother while the father moved to Town A. With time, the mother became increasingly overwhelmed by the adolescent’s behaviours and escalating hostility towards her.

In response, the father tended to minimize the severity of the adolescent’s problems and engaged in verbal abuse towards the mother, often in the presence of his son. [ 10 ] On February 16, 2016, a motion for provisional measures was presented before the Court and the youth was entrusted to his father. Since then, the situation has been progressing satisfactorily. According to the father, the adolescent’s integration into his new school has been smooth and feedback is positive. [ 11 ] A psychiatric assessment is scheduled to take place at the Montreal Children’s Hospital on April 18 th , 2016.

It is expected that this assessment will assist in obtaining the services best suited to the adolescent’s needs. [ 12 ] The parties have expressed the intention to cooperate with the Director in X’s best interest. [ 13 ] Both the mother and the son will need to work on developing a more positive relationship.

At present, the current entrustment of X to his father appears to have somewhat alleviated the conflict between the parties. [ 14 ] Regarding contacts between the mother and the adolescent, the parties have been effectively taking care of that amongst themselves and the Director is no longer asking to manage them in any way. [ 15 ] The measures proposed by the Director take into account the needs and the best interests of the adolescent as well as the evolution of the situation. [ 16 ] FOR THESE REASONS, THE COURT: [ 17 ] DECLARES that the security or development of the adolescent is endangered as a result of serious behavioural disturbances and psychological ill-treatment.; [ 18 ] ORDERS that the adolescent remain in the care of his father; [ 19 ] ORDERS that the adolescent attend A School on every scheduled day, except if his absence is justified by a valid medical certificate; [ 20 ] TAKING JUDICIAL NOTICE of his intention to do so, ORDERS that the adolescent undergo a psychiatric assessment and follow the recommendations resulting there from; [ 21 ] AUTHORIZES the DYP to exchange information with professionals working with the family including CRDI-TED A as a result of the psychiatric assessment; [ 22 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and his family; [ 23 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 24 ] THE WHOLE for a period of 4 months.

SIGNED IN TOWN A On April 19, 2016 __________________________________ KAREN OHAYON, J.C.Q. Me Nadia Sabik Attorney for the D.Y.P. Me Marc Morin Attorney for the adolescent Date of hearing: April 8, 2016